The veteran's death was due to service-connected hypertension. However, the Board found that he did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311 as his disability rating had not been at 100% for a continuous period of eight years prior to his death.
The deciding factor: The veteran's disability ratings were not at 100% until December 20, 2000, and he was employed for the majority of the eight-year period preceding his death. Therefore, he did not meet the criteria for enhanced DIC benefits under 38 U.S.C.A. § 1311.
- Claimed conditions
- hypertension, varicosities of the lower extremities, pes planus, diabetes mellitus with retinopathy and neuropathy, post-operative residuals of a pilonidal cyst
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- April 30, 2007
- Citation
- 0712771
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0712771.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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